REPORT TO THE CITY COUNCIL FROM: JENNIFER K. CLARK, AICP, Director Planning and Development Department ASHLEY ATKINSON, AICP, Assistant Director Planning and Development Department THROUGH: ISRAEL TREJO, Planning Manager Planning and Development Department ROBERT HOLT, Supervising Planner Planning and Development Department BY: VALERIA RAMIREZ, Planner II Planning and Development Department SUBJECT ..Title HEARING to Consider Rezone Application No. P26-00729 and related Environmental Assessment No. P26-00729 for approximately 3.30 acres of property located on the south side of East Barstow Avenue, between North Blackstone Avenue and North Fresno Street (Council District 4). 1. ADOPT - Statutory Exemption prepared for Rezone Application No. P26-00729, dated June 17, 2026, for the proposed project pursuant to California Environmental Quality Act (CEQA); and, 2. BILL (for Introduction and Adoption) - Amending the Official Zoning Map as described by Section 15-108 of the Fresno Municipal Code, and pursuant to the procedures set forth in Article 58, Chapter 15 of the Fresno Municipal Code ..Body RECOMMENDATIONS Staff recommends that Council 1) adopt the Statutory Exemption prepared for Rezone Application No. P26-00729, dated June 17, 2026, for the proposed project pursuant to California Environmental Quality Act (CEQA); and 2) adopt the ordinance amending the Official Zoning Map as described by Section 15-108 of the Fresno Municipal Code, and pursuant to the procedures set forth in Article 58, Chapter 15 of the Fresno Municipal Code. EXECUTIVE SUMMARY The City of Fresno has filed Rezone Application No. P26-00729 pertaining to approximately 3.30 acres of property located on the south side of East Barstow Avenue, between North Blackstone Avenue and North Fresno Street. The subject property is planned for Medium High Density Residential uses and is currently zoned RM-1/cz (Multi-Unit Residential, Medium High Density/conditions of zoning). The rezone application requests to remove the existing conditions of zoning applied to the subject property, as they were erroneously applied to the property with the approval of Rezone Application No. R-04-39. Rezone Application No. P26-00729 proposes to rezone the subject property from the RM-1/cz (Multi-Unit Residential, Medium High Density/conditions of zoning) zone district to the RM-1 (Multi-Unit Residential, Medium High Density) zone district. Fresno City Planning Commission Action The subject application was considered by the Fresno City Planning Commission at its meeting on July 1, 2026. After hearing testimony from City staff and the public, the Planning Commission voted to recommend approval to City Council of the proposed application by a vote of 4 to 0. Additional details are provided in the Planning Commission Resolution (Exhibit M). BACKGROUND Previously Approved Entitlements Plan Amendment Application No. A-04-14 and Rezone Application No. R-04-39 were approved by the City Council on September 28, 2004, and allowed for the rezone of approximately 8.75 acres of property from the R-A (Single Family Residential - Agricultural) zone district to the R-4/cz (High Density Multiple Family Residential/conditions of zoning) zone district for purposes of facilitating the construction of a 152-unit four-story multi-family residential development, specifically for student housing (Avery Apartments) under Conditional Use Permit Application No. C-04-112. Additionally, the project included Tentative Parcel Map No. 2004-12 (TPM-2004-12), which subdivided the property into two parcels of 3.30 acres (Parcel A; subject property) and 5.45 acres (Parcel B). Parcel B is currently developed with 152 dwelling units for student housing (Avery Apartments). Parcel A is currently vacant. Conditions of Zoning Rezone Application No. R-04-39, was approved by the Fresno City Council on September 28, 2004, under Ordinance Bill No. 2004-94 (Exhibit E) and specified three (3) conditions of zoning, as follows: 1. Development of the subject property shall be limited to no more than 152 multiple family dwelling units (27 units per acre) as proposed under Conditional Use Permit Application No. C-04-112 and be limited to student housing only. 2. Dedication of an avigation easement to the City of Fresno. 3. Recordation of a covenant stating that it is understood by the owner's and owners' successors in interest that the real property in question lies close to Fresno Yosemite International Airports and that the operation of the Airport and the landing and take-off aircraft may generate high noise levels which will affect the habitability and quiet enjoyment of the property. The owners shall also covenant to accept and acknowledge the operation of the Fresno Yosemite International Airport. Technical Error The rezone application requests to remove all three conditions of zoning from the subject property as they were erroneously applied through the processing of Rezone Application No. R-04-39. The three conditions of zoning, with an explanation for their removal, are described below. 1. Development of the subject property shall be limited to no more than 152 multiple family dwelling units (27 units per acre) as proposed under Conditional Use Permit Application No. C-04-112 and be limited to student housing only. Staff response: The City Council staff report dated September 28, 2004, completed for the project explained that only Parcel B of Tentative Parcel Map No. 2004-12 is subject to Plan Amendment No. A-04-14 and Rezone Application No. R-04-39, Conditional Use Permit Application No. C-04-112 and Tentative Parcel Map No. 2004-12. However, Ordinance Bill No. 2004-94 erroneously references "Parcel A of Parcel Map No. 77-82" (Exhibit F), which then applies to all parcels created under TPM-2004-12 (Exhibit G). The intent was to apply the conditions of zoning to Parcel B only, not Parcel A of TPM-2004-12. Because Parcel B has already been developed to the maximum number of student housing units, the subject property cannot be developed while this condition of zoning is on the parcel. Removal of this condition of zoning would allow for the subject property to be developed in the future. 2. Dedication of an avigation easement to the City of Fresno Staff response: The subject rezone application was heard by the Fresno County Airport Land Use Commission (ALUC) and was routed to the Airports Department for review. Neither entity submitted conditions specific to the current application. The ALUC voted to recommend approval of the application with a requirement that any future development proposal for the site be subject to review by the ALUC prior to construction. 3. Recordation of a covenant stating that it is understood by the owner's and owners' successors in interest that the real property in question lies close to Fresno Yosemite International Airport and that the operation of the Airport and the landing and take-off of aircraft may generate high noise levels which will affect the habitability and quiet enjoyment of the property. The owners shall also covenant to accept and acknowledge the operation of the Fresno Yosemite International Airport. Staff response: Staff recommends the removal of this condition of zoning as the intent was to only apply this condition to Parcel B of Tentative Parcel Map No. 2004-12. As noted above, the subject rezone application was heard by the ALUC and routed to the Airports Department for review, and neither entity submitted conditions specific to the current application. Fresno Municipal Code Rezone Application No. P26-00729 was routed to partner departments and agencies for review and comments including the departments of Public Utilities, Public Works, and Fire; the Fresno Metropolitan Flood Control District; and Fresno Irrigation District. Future comments and conditions will be provided at such time that a Planning application is submitted for development of the site (Exhibit I). Future development of the overall site shall comply with the provisions of the FMC, including but not limited to setbacks, transition standards, parking, and landscaping, and shall comply with all applicable design guidelines and development standards for the RM-1 (Multi-Unit Residential, Medium High Density) zone district. Public Notice and Input Council District 4 Project Review Committee The Council District 4 Project Review Committee recommended approval of this project on April 21, 2026, with no additional recommendations. Notice of City Council Hearing In accordance with FMC Section 15-5007, the Planning and Development Department mailed notices of this City Council hearing to property owners and residents within 1,000 feet of the subject property on June 12, 2026 (Exhibit J). Hoover Community Plan Staff has determined that the Hoover Community Plan contains no applicable policies that are more restrictive than those contained in the FMC or Fresno General Plan. However, pursuant to Section 15-104-B-4 of the FMC, should there be a conflict between the FMC and Hoover Community Plan, the FMC shall control. Fresno County Airport Land Use Compatibility Plan The proposed project is located within the Airport Influence Area of the Fresno Yosemite International Specific Plan and the Fresno County Airport Land Use Compatibility Plan (ALUCP). The project site is located within the Fresno Yosemite International Airport's Safety Zone 7 - Precision Approach Zone. The project has been deemed consistent with the plan given that the existing base zone district of RM-1 (Multi-Unit Residential, Medium High Density) is not changing. The proposed removal of the condition of zoning maintains consistency with the Medium High Density Residential planned land use. The ALUC reviewed this project on April 6, 2026, and voted to recommend approval of the project with a requirement that any future development proposal for the site be subject to review by the ALUC. ENVIRONMENTAL FINDINGS A Statutory Exemption was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) and Senate Bill 131 (California Public Resources Code Section 21080.085) (Exhibit L). The rezoning implements the schedule of actions contained in an approved housing element pursuant to subdivision (c) of Section 65583 of the Government Code. This action is therefore consistent with State-mandated housing implementation requirements and qualifies for the noted CEQA exemption. LOCAL PREFERENCE Local preference was not considered because this project does not include a bid or award of a construction or service contract. FISCAL IMPACT There is no fiscal impact associated with this action. Attachments: Exhibit A - Vicinity Map Exhibit B - Aerial Map Exhibit C - Fresno General Plan Land Use & Zoning Map Exhibit D - Mitigated Negative Declaration for R-04-39 (Cover Page) Exhibit E - Ordinance Bill No. 2004-94 Exhibit F - Tentative Parcel Map No. 77-82 Exhibit G - Tentative Parcel Map No. 2004-12 Exhibit H - Proposed Rezone Exhibit Exhibit I - Comments from Departments and Agencies Exhibit J - Public Hearing Notice Radius Map (1,000 feet) Exhibit K - Fresno Municipal Code Findings Exhibit L - Environmental Assessment No. P26-00729 [6-17-2026] Exhibit M - Planning Commission Resolution No. 19961 Exhibit N - City Council Ordinance Bill for Rezone Application No. P26-00729 Exhibit O - City Council Hearing PowerPoint Presentation